Terms of Service

I. Purpose, Content - Terms of Service

1. Purpose, Content of Service

- This document specifies the terms of service for your use of SMindMap (“Services”). The Services are provided by SMindMap Co., Ltd (“We”).

- By using our Service, you are agreeing to these Terms of Service. Please read them carefully.

- The SMindMap allows you to create mind maps which are stored on your devices or a third-party cloud service via an internet connection and browser access for your own purposes during your utilization of SMindMap.

2. Terms of Service

- To access and use SMindMap, Members shall agree and comply with this Terms of Service and all regulations provided by every link, applications of SMindMap.

- While accessing, using the SMindMap via any devices (computer, mobile phones, television, Internet connection devices) or using SMindMap, Members shall also comply to this Regulations.

- To be able to respond to all Members’ requests, SMindMap shall never stop growing and developing. For this reason, Terms of Service regulated in this Agreement could be modified, updated in any case and time without prior notice for Members. SMindMap shall announce on Website, Social Network, a forum for these changes and updates.

II. Account Register and Service Uses

1. Members shall be responsible for their legal capacity in terms of registering an account and using SMindMap. Under 14 years old Internet users try to register as a member required the acceptance of their legal guardians. Their approvals to provide personal information shall be considered responsible by the law on their registrations.

2. After Logging in the system, Members could be able to changes their names. Members’ names shall comply with the regulation and shall not violates all the prohibitions of this Agreement.

3. Members must register, log in to have access to all Services, sharing information on SMindMap. Each member shall only register 1 (one) account on SMindMap.

4. On the SMindMap website could appear other website’s link, symbols. These websites are not controlled or owned by SMindMap. Access to these websites could be risky and dangerous. Members shall be solely responsible for all the risks taken by using these websites. SMindMap shall not be responsible for any content of any website or link besides SMindMap websites system.

5. SMindMap could be integrated advertising and advertisement includes a hyperlink to another website. Similar to other platforms, SMindMap creates and uses cookies for the stability of the utilization of SMindMap to help SMindMap improve the experience of the Members.

6. SMindMap provides a paid Feature. SMindMap has the right to update and change the fee of the Feature at any time. Members register to use the Feature via various payment methods specified time by time. From the successful of the payment, the Feature will be activated for SMindMap on any devices (computer, mobile phone, television, internet device) for the same account. The Feature is not refundable when the payment is completed.

III. Prohibited content on SMindMap

While using all services on SMindMap system, members are not allowed to take any of these actions including but not limited to:

1. Taking advantages of providing, exchanging, using the information on SMindMap for:

- Against the local country; causing harm to national security, social order, and safety; undermining the great unity bloc; propagandizing wars of aggression and terrorism; causing hatred and conflict among ethnic groups, races and religions.

- Propagating and inciting violence, lust, depravity, crime, superstition, and sabotage of the nation's traditions.

- All contents about political matters are not allowed.

2. Members take advantage of using the SMindMap system to disclose Military, Security, Economic, Foreign affair secrets and other secrets regulated by law by anyways on the SMindMap website system.

3. Advertising, propagandizing, exchanging prohibited merchandise, services or propagandizing prohibited magazine articles, novels, arts, publications on SMindMap.

4. While communicating with other Member, Member causing any trouble, cursing, mocking, disturbing or having any behave unfriendly or impolite.

5. Members have the right to use their images and videos. While using images, videos of others, Members must have the acceptance of the owner. Using other videos and images to insults their honor, dignity, reputation are not allowed.

6. Taking advantage of SMindMap to collect Members intel, public their intel, personal information.

7. Giving information that misrepresents, slanders, ridicules, insults the reputation of organizations and individuals in any form (mockery, decry, religious discrimination, gender, ethnicity, etc.)

8. The promotion of any product in any form, including but not limited to sending, transmitting any advertising, invitation, wire mail, or investment opportunities on SMindMap.

9. Taking advantage of SMindMap to organize any forms of betting, gambling or deals related to money, cash, in kind.

10. Illegally obstructing, disrupting and damaging the server system; Interfering with accessing information and using legal services on SMindMap.

11. Illegally using password, lock code of organizations, individuals, privacy information, personal intel, and other Internet resources.

12. Directly or indirectly using any kind of devices, software, Internet website, web-based service, or any other form of methods to remove, change, ignore, evasive, obstruct, or disrupt any license, brand name, or any other kind of prove of ownership tagged on the Content (Logo) or other data, device, content protection protocol system control as well as restricted access protocol from different regions.

13. Directly or indirectly through any device, software, Internet website, web-based service, or other means to copy, download, capture, reproduce, duplicate, store, distribute, upload, publish, modify, translate, broadcast, display, sell, transmit or retransmit content (except the content on smindmap.com/map).

14. Create, recreate, distribute or advertise on any detail of any content without the permission of SMindMap. Members will not be allowed to build business models using Contents whether or not for profit. Content mentioned at SMindMap includes but not limited to any text, graphics, images, videos, layouts, interfaces, icons, photos, audio and video documents. Also, we strictly prohibit the creation of derivative works or materials derived from or based on any Content including montages, similar videos, wallpapers, computer themes, greeting cards, and goods.

15. Tampering with organizations and individuals and spreading fake information, untruthful information on SMindMap, infringes upon the legal rights and interests of organizations and individuals.

16. Create a left path to the legal domain name of an organization or individual. Create, install and distribute malware, computer viruses; illegally entering, hijacking information systems, creating attack tools on the Internet.

17. Forbidden to use any program, tool or other means to interfere with the SMindMap system.

18. Do not engage in any act of illegally logging in or attempting to log in illegally or causing damage to the SMindMap server system.

IV. Rules & sanction for users

1. Rules for Members:

- Member violates terms of service of SMindMap will be punished based on the severity of their violations.

- In case the violation of Members is not yet regulated in the Terms of service, SMindMap will unilaterally, in its sole discretion decide the appropriate level of a sanction depends on the severity of the violations.

- Permanent of Temporary deactivate Member account Punishment.

- Sanctions:

+ Type 1: The URL function will be locked for the rest of day;

+ Type 2: Suspending post and sending warning email;

+ Type 3: Suspending post and sending warning email, deactivate the account for 07 (seven) days;

+ Type 4: Suspending post and sending warning email, deactivate the account for 30 (thirty) days or permanent.

2. Punishment:

• Type 4: Deactivate the account for 30 days or permanent will be applied in cases as follows:

- Member has taken advantage of SMindMap to fight against the local country. This behavior includes, but is not limited to, the user naming an individual member in a community room with the same name as a famous person, a hero of a nation, a party or a state leader, or a Member using images, videos, speeches, chats, etc. containing information discussing political issues or revealing State secrets of the local country.

- Information, images, pornographic videos: Members post pictures, videos, audio, pornography videos, sex chat or post information about live chat rooms, pornography videos, propaganda pornography.

- Betting, gambling information: Taking advantage of SMindMap, users post information content, images, videos, audio, videos containing information to organize betting, gambling or agreements relating to money, cash and in kind.

- Spreading fraudulent information: Using text, images, videos, audio or video containing deceptive information: official falsification or organizations, individuals; illegally dispossess other people's properties.

- Vandalizing SMindMap system: Members take advantage of using the product to penetrate the server system to sabotage the product or prevent access to information. Members use technical tools to increase activity points, items or to hang up, spam chat.

- Using the public room chat to entice outside meetings to commit illegal acts.

- Spread advertising information, mass spam.

- Having been warned by the violator 2 times and continuing the violation.

• Type 3: Deactivate the account for 07 days will be applied in cases as follows:

- Communication: Sex chat in light severity, spam chat, inciting other members to go to other channels of SMindMap to disrupt or propagate the infringing information.

- Privacy invasion: Using photos and videos of other people, disclosing personal data and other information such as identity, address, phone number without consent and conduct make harassing or harassment calls.

- Assault others: Using images, videos, information, audio or video, insulting, giving misrepresentation, slandering, mocking the state, insulting reputation to organizations and individuals.

- Copyright infringement: Stealing content on channels, copying or quoting without permission to use the copyrights of others.

- Having been warned and reminded once but the violation continues.

• Type 2: Warning, reminded will be applied in cases as follows:

- Offensive, distorting, insulting the dignity of other Members.

- Entice members' intentions with false views, violations of moral culture.

• Type 1: When a Member uses the URL function to post dangerous links (viruses, scams...) more than 3 times a day.

V. Provided Contents, Information exchanging.

1. SMindMap Members may contact to provide content that is suitable for the activities of SMindMap without violating laws or regulations of SMindMap.

2. Uploaded content in different categories must be suitable for the subjects of the SMindMap.

3. Rules on Contents uploaded on SMindMap including but not limited to these terms as follows:

- Please check for any other duplicate version of your post on the network, forum before uploading.

- The article title must be clear.

- Never send the same content to different places.

- For Contents with a model form, Members shall send the article in the specified form.

- Reply post must not be off-topic and have constructive, clear content.

4. SMindMap shall not confirm, notarize any content uploaded by any Members. SMindMap does not allow all activities to violate ownership or copyrights on the network, and SMindMap will eliminate all contents posted if it is claim as a violation of the copyrights, infringement of the owner’s rights without any prior notice.

5. Members may be liable for civil damages, the possibility of administrative sanctions or criminal prosecution if there are violations of copyright or related rights.

6. Members allow SMindMap to use, distribute, show, edit any type of idea, concept, manner, proposal, suggestion, comment or other forms of Members post that the Member provides, exchanges, shares through the use of the SMindMap website system completely free to upgrade, advertise, promotion, etc. for the development of SMindMap. Members agree to waive any rights and claims with any bonuses, fees, royalties, fees or other payments related to the use of SMindMap to use, distribute, display, correct, edit compose any or all information, images, videos that Members provide, share, exchange of Members as in this clause.

7. Members are allowed to re-use all the information uploaded including but not limited to rework, distribute, compile, show the contents for personal or non-commercial purposes.

8. In the available area for broadcasting images, videos, Members can share information, images, videos allowed in the format permitted by SMindMap. Members agree to undertake the responsibility to ensure the lawful use of digital contents posted on the Internet.

9. In any case, SMindMap have all the rights to process all the information’s upload to make it consistent with fine customs and traditions, ethical rules and all the rules to ensure the National Security, and we have the rights to allow or not uploading information, image, videos of all Members on the website system.

10. Members understand and agree that, while using SMindMap, Members will receive a variety of information, images, videos posted from various sources. SMindMap is not responsible for the accuracy, usefulness, safety, or intellectual property rights related to information posted by other Members. When using the product, Members may see some information or comments posted by other Members that are not true or offensive, in this case, Members can contact SMindMap to proceed necessary measures to ensure benefits.

11. SMindMap concern to your safety and privacy, rights of all Members using our product, especially children. For that reason, Members who are parents or legal guardians of other Members, need to have responsibility for considering all contents SMindMap provides if it’s consistent for your children. In other words, Members are children who need to ask for permission from their parents or legal guardians to watch all the contents they use.

12. While Members access other products, apps or websites links with this SMindMap, Members should understand and follow all the rules of the products they use. It is possible that the product you use does not belong to SMindMap, for this reason, Members shall take their responsibilities of their actions and risks by using them.

13. In order to ensure customer satisfaction, SMindMap is always creative, upgrading products, so this App can be developed on telecommunications equipment or other technologies (if any), therefore may be personally related information will be displayed, including but not limited to, the location where the Member is using the product or service.

VI. Rights and Obligations of Members

1. Able to use all the services of SMindMap by following per under this Terms of service for Users.

2. Protected all privacy information and personal details by law and this Terms of service.

3. Follows all regulations of management, provide and use of SMindMap.

4. Take responsibility for contents posted, downloaded, provided on the SMindMap.

5. Members are responsible for their account information. If the above information is disclosed in any form by Members, Members must accept the risks arising. SMindMap will base it on the information available in the account as a basis for deciding the owner of the account if there is a dispute and we will not be responsible for any losses incurred.

6. Members agree to inform SMindMap of any case of using illegally of Members accounts and passwords of others, or any act of circumventing the security system.

7. In case discover an error of SMindMap or violated contents, Members shall report to SMindMap managers by Google Group: SMindMap Group

8. Members may be subject to administrative sanctions and criminal prosecution if the Member violates copyright and related rights when Members use SMindMap.

9. Members shall comply with all regulations regarding prohibited acts, contents exchanges and provided by this Terms of Service. If violates one or more than one, depends on the severity of the violation, SMindMap will proceed to deactivate the account permanently or maybe request the Government to take action by law.

10. Comply with other rights and responsibilities by law.

VII. Rights and Responsibility of SMindMap

1. Provide Services except for prohibited services by the law.

2. Publicize the Terms of Service Agreement of SMindMap service.

3. SMindMap shall have privacy and personal information protection measures; Inform all Members of their rights, obligations, and risks by storing, exchanging and sharing information online.

4. SMindMap shall ensure the right of deciding for Members for allowance to provide their information for organizations, companies, individuals.

5. SMindMap is responsible for coordinating with the competent state management agencies to remove or prevent information which violates the provisions of law.

6. While using the product, if Members violate any terms of this Terms of Service, we shall reserve the right to terminate, delete their account without prior notice or Members acceptance and no liability required.

7. All violations of account owner while using SMindMap, we reserve right to take away all rights, benefits of the owner, also request authorities to prosecute Members by the law if necessary.

8. When detecting violations such as using hacks, spreading prohibited content or other errors, SMindMap has the right to use the information provided by the Member when registering an account to transfer to the relevant authorities for settlement according to provisions of law.

9. Upon discovery of breaches of the prohibited content provided in this Terms of Service, SMindMap reserves the right to not immediately display updated information of infringements updated by the Member and/or warn, lock, suspend. Member's account has been violated. In case of receiving accusations from another Member, SMindMap will conduct monitoring, checking and log data and related evidence, if detecting a violation of the Members, SMindMap has the right to prevent the immediate display of information. The violation has been updated by the Member and/or a warning, lockout, suspension of the Member's account has been violated. We have full authority to decide on actions for violations. Depending on the nature of the incident, the severity and severity of the problem, we will take appropriate action. The decision of SMindMap is final, and the user agrees to comply.

10. Assisting account owner while using the product of the SMindMap.

11. Receiving and resolving complaints of Members in cases arising during the use of SMindMap, however, we only support, receive and resolve accounts registered fully, truthfully and accurately.

VIII. Limitation of liability and disclaimer of warranties

1. During the operation of the SMindMap, we will only be responsible by following per under the law for problems related to the failure of the SMindMap technical system.

2. If risks and damages arise due to force majeure including but not limited to electric shock, hardware, software damage, Internet connection problems or natural disasters, ... the user must accept risks and damages if any. We pledge to make every effort to minimize the risks and damages, but SMindMap shall not accept any liability arising in these cases.

3. SMindMap has no responsibility for the exchange risk of Members with a third party during the use of the SMindMap. When Members use these products and/or make a deal with the third Party, Members understand and agree to be solely responsible for any risks incurred.

4. Member's posts, images, videos, media may have restrictions, may be objectionable, illegal, inaccurate, or inappropriate, SMindMap is not responsible for any article, clip, video, any image. The content posted does not reflect our views or policies. We reserve the right, but not the obligation, to monitor and restrict or remove the posted content unless we reasonably believe that the posted content is a breach of this Terms of Service as well as a violation of law.

IX. Copyright and process of reporting copyright infringement

1. In areas where posting is permitted, Members may share authorized information in the formats we default to and Members are solely responsible for the content, information, images, videos, and any other sharing as well as the legality, liability for the content, information, sharing of Member with another Member or group Members, organization to use. However, in all cases, we reserve the right to process the posted information by following per under our fine customs, ethical rules and national security rules, and we have the right to allow or not allow the posts of Members to appear or exist on SMindMap, forums or in areas where information sharing is allowed.

2. We have full rights, including but not limited to copyrights, trademarks, trade secrets, and other intellectual property rights in SMindMap products. The use of our rights and ownership requires our prior written permission. Besides being licensed in writing, we do not license in any other way whether it is a form of announcement or implication for Members to execute the above rights. And as a result, Members are not entitled to use our products for commercial purposes without our prior written permission.

3. Member agrees to give us the freedom to use, disclose, apply and modify any ideas, concepts, methods, proposals, suggestions, comments or other notices that Members provided to us through the use of SMindMap products without any charges. Member waives and agrees to waive any right and claim with any bonuses, fees, royalties, fees or other payment arrangements relating to our use, disclosure, application, edit any or all Member responses.

X. The risks of storing, exchanging and sharing information on the Internet

- When sharing information on SMindMap, Members often update information in profiles, photos, status updates (the information that Members share with people in the list of people. user) and comments (Member responses to other people's status updates). This information tends to increase and is constantly updated. For example, a Member may disclose the address where they live, when a Member is usually present (and absent) at the Member's home, workplace or school. This sharing inadvertently facilitates those who have illicit scams to have information to plan a case (theft, murder, rape, ...).

- When using the Service or the collaboration feature, Member understand that their personal information shall be disclosed to the other collaborator via text, images, links, videos or radio message feature.

- Some Internet Members easily disclose information on their pages. Information that may be disclosed such as email address, date of birth or telephone number may cause Member to be harassed, infringed and impersonated online.

- Many people do not anticipate that once information is exchanged online, it becomes public information. Members the status update is shared with only one person or a group of people, the Member cannot control what these people will do with that information. On the other hand, any information shared online can be considered public information and from where private information will be shared and disseminated widely. Therefore, we recommend that all members of SMindMap take the initiative to consider before providing personal information.

XI. Settling Complaints for Services

SMindMap is responsible for receiving complaints and assisting members to resolve disputes within the scope of SMindMap.

Members can send complaints on Google Group: SMindMap Group

SMindMap respects and seriously implements the provisions of the law on the resolution of disputes and complaints of Members participating in SMindMap. Therefore, we ask Members to respect each other and provide complete, accurate, truthful and detailed information related to personal identity. Every act of fraud in the information provided is condemned and must bear full responsibility before the law.

The parties to the dispute will have responsibilities in actively addressing the issue. It is the responsibility of the person who submits a dispute to provide evidence that substantiates information relating to an incident. The Management Board of SMindMap will be responsible for examining the evidence and information provided by the complainant and responding through the complaint receiving system.

The limit time for settling complaints is 15 working days after receiving information from Members.

SMindMap only supports and resolves complaints and accusations of Members in case the Member has recorded fully, truthfully and accurately information when registering an account.

In case of a dispute between a Member of the local country, it is possible that the Management Board of the local country will send contact information to the disputed subject to the parties to resolve by themselves or the Management Board of Social Assistance will base on the actual situation. to resolve. Accordingly, SMindMap will protect the maximum benefits possible for legitimate and justified Members of the SMindMap. After the parties have resolved the dispute, they are responsible for reporting to the SMindMap Management Board. In the case of a dispute that has been proved by the fault of a Member, SMindMap will warn them, lock the account or transfer it to the competent law authorities depending on the level of the violation. SMindMap will terminate and remove all posts and comments of that Member on SMindMap and require that Member to publicly apologize to the party that has been violated.

If through the form of the agreement but still unable to resolve disputes, conflicts arising from exchanges between the parties, one of the two sides will have the right to request competent legal authorities to intervene to ensure legitimate interests of the parties.

XII. Collecting information and the information protection policy of SMindMap’s Members.

To ensure better service and to provide Members with services, SMindMap will collect Member data included at least: email, profile name and photo URL of email.

1. Purpose and Scope of the collection

The main data collection on SMindMap is email. This is the information that the SMindMap needs Members to provide when registering to use the service.

Members will be solely responsible for the security and storage of all activities using the service under their email.

2. Scope of Using Information

SMindMap will use Members information provided to:

- Provide all services to Members.

- Sending notice of exchanging information process between Members and SMindMap.

- Preventing the act of destroying Members accounts or any act that impersonates a Member.

- Contact and dealing with Members in special cases.

- Never use Member's personal information for other purposes except for verification and contact related to activities at SMindMap.

- In the event that SMindMap discovers a member's violation of the law, SMindMap shall have the right to provide customer information to judicial authorities.

3. Privacy Policy

- Information of Members on SMindMap is committed to absolute confidentiality under SMindMap's Privacy Policy.

XIII. The Validity of the Agreement

- The terms in this Agreement provided on the website may be updated and modified at any time without prior notice to Members. SMindMap will publish clearly on the Website, social networks, forums, Blogs - News… about those changes and additions.